HomeMy WebLinkAbout2006-12-06; Planning Commission; Resolution 6204PLANNING COMMISSION RESOLUTION NO. 6204
1 A RESOLUTION OF THE PLANNING COMMISSION OF THE
2 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
TENTATIVE TRACT MAP TO SUBDIVIDE A 5.31-ACRE SITE
3 CURRENTLY APPROVED FOR SEVEN NONRESIDENTIAL
BUILDINGS INTO 13 AIRSPACE NONRESIDENTIAL
4 CONDOMINIUMS ON PROPERTY GENERALLY LOCATED
c ALONG THE NORTH SIDE OF LIONSHEAD AVENUE AND
WEST OF EAGLE DRIVE IN LOCAL FACILITIES
6 MANAGEMENT ZONE 18.
CASE NAME: OPUS POINT LOTS 23 AND 24
7 CASE NO.: CT 06-10
g
WHEREAS, Hofman Planning Associates, "Applicant," has filed a verified
9
application with the City of Carlsbad regarding property owned by Opus West Corporation,
10
"Owner," described as11
12 Lot 23 Carlsbad Tract No. 98-10 Carlsbad Raceway, according
to map thereof No. 15013, in the City of Carlsbad, County of
13 San Diego, State of California, filed in the Office of the County
Recorder of San Diego County on May 3, 2005, as file
14 No. 2005-371022 of official records
15 ("the Property"); and
16
WHEREAS, said verified application constitutes a request for a Tentative Tract
17
Map as shown on Exhibits "A" - "E" dated December 6, 2006, on file in the Planning18
19 Department, OPUS POINT LOTS 23 AND 24 - CT 06-10, as provided by Chapter 20.12 of
20 the Carlsbad Municipal Code; and
21 WHEREAS, the Planning Commission did, on the 6th day of December, 2006,
22 hold a duly noticed public hearing as prescribed by law to consider said request; and
23
WHEREAS, at said public hearing, upon hearing and considering all testimony
24
and arguments, if any, of persons desiring to be heard, said Commission considered all factors
£-J
2ft relating to the Tentative Tract Map.
27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
™ Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
2 APPROVES OPUS POINT LOTS 23 AND 24 - CT 06-10, based on the
following findings and subject to the following conditions:
3
Findings;4
1. That the proposed map and the proposed design and improvement of the subdivision as
conditioned, is consistent with and satisfies all requirements of the General Plan, any
5 applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State
Subdivision Map Act, and will not cause serious public health problems, in that the
7 proposed subdivision complies with all minimum requirements of Title 20 and has
been designed to comply with the Nonresidential Planned Development Ordinance,
° and the Planned Industrial (P-M) Zone development standards.
9 2. That the proposed project is compatible with the surrounding future land uses since
10 surrounding properties are designated for Planned Industrial development on the
General Plan, in that surrounding properties have a General Plan Land Use
11 designation of Planned Industrial (P-M) and have been developed as such.
12 3. That the site is physically suitable for the type and density of the development since the
- site is adequate in size and shape to accommodate industrial development, in that the
project complies with all development standards and public facilities requirements
14 without the need for variances from the development standards.
15 4. That the design of the subdivision or the type of improvements will not conflict with
easements of record or easements established by court judgment, or acquired by the
1 ° public at large, for access through or use of property within the proposed subdivision, in
1 _ that concurrent with the recordation of the final map the developer will vacate and
adjust any easements that conflict with the proposed development.
18 5. That the property is not subject to a contract entered into pursuant to the Land
19 Conservation Act of 1965 (Williamson Act).
20 6. The Planning Director has determined:
21 a. That the project is a project for which a Mitigated Negative Declaration was
22 previously adopted [ 15162].
23 b. This project is consistent with the project/plan cited above.
24 c. Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program GPA 98-05/ZC 01-07/CT 98-10/HDP 98-09/PIP 01-01 - Carlsbad
2-> Raceway Business Park was adopted in connection with the prior project or plan.
96 d. The project has no new significant environmental effect not analyzed as
27 significant in the prior Mitigated Negative Declaration.
28
PC RESO NO. 6204 -2-
e. None of the circumstances requiring a Subsequent Mitigated Negative
2 Declaration or a Supplemental EIR under CEQA Guidelines Sections 15162 or
15163 exist.
3
7. That the design of the subdivision provides, to the extent feasible, for future passive or
4 natural heating or cooling opportunities in the subdivision, in that the structures are
oriented in a manner that allows for adequate building separations to allow for solar
exposure and to take advantage of prevailing breezes.
8. That the design of the subdivision and improvements are not likely to cause substantial
7 environmental damage nor substantially and avoidably injure fish or wildlife or their
habitat, in that the site is developed and no natural resources exist on the site.
8
9. That the discharge of waste from the subdivision will not result in violation of existing
California Regional Water Quality Control Board requirements, in that the project has
JQ been designed in accordance with, and conditioned to comply with, the National
Pollution Discharge Elimination System Standards to prevent any discharge
11 violations.
12 10. The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City's General Plan based on the facts set forth in13the staff report dated December 6,2006, including, but not limited to, the following:
14 a. Land Use - The proposed office/industrial uses are consistent with the
15 Planned Industrial (PI) General Plan Land Use and Planned Industrial
(P-M) Zoning designations for the site.
16
b. Circulation - All the public infrastructure necessary to serve the project will
be constructed in accordance with City standards.
18 c. Noise - The project is not significantly impacted by roadway noise from
19 Palomar Airport Road or from noise from the operation of McClellan-
Palomar Airport.
20
11. The project is consistent with the Citywide Facilities and Improvements Plan, the Local
21 Facilities Management Plan for Zone 18, and all City public facility policies and
„ ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding sewer collection
23 and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
24 project, will be installed to serve new development prior to or concurrent with need.
Specifically,
£-3
26 a. The project has been conditioned to provide proof from the Vista School District
that the project has satisfied its obligation for school facilities.
27
12. The project has been conditioned to pay any increase in public facility fee, or new
28 construction tax, or development fees, and has agreed to abide by any additional
requirements established by a Local Facilities Management Plan prepared pursuant to
PC RESO NO. 6204 -3-
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of
2 public facilities and will mitigate any cumulative impacts created by the project.
3 13. This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 18.
4
14. That all necessary public facilities required by the Growth Management Ordinance will
be constructed or are guaranteed to be constructed concurrently with the need for them
created by this project and in compliance with adopted City standards.
7 15. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
8 to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions;
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of
the final map.
12
1. If any of the following conditions fail to occur, or if they are, by their terms, to be
^ implemented and maintained over time, if any of such conditions fail to be so
14 implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
15 future building permits; deny, revoke, or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer
or a successor in interest by the City's approval of this Tentative Tract Map.
18
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
19 and modifications to the Tentative Tract Map documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
shall occur substantially as shown on the approved Exhibits. Any proposed development,
different from this approval, shall require an amendment to this approval.
22 3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
23
_. 4. If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
25 challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid, this approval shall be invalid
26 unless the City Council determines that the project without the condition complies with
all requirements of law.27
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
PCRESONO. 6204 -4-
representatives, from and against any and all liabilities, losses, damages, demands, claims
2 and costs, including court costs and attorney's fees incurred by the City arising, directly
or indirectly, from (a) City's approval and issuance of this Tentative Tract Map,
3 (b) City's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and
4 (c) Developer/Operator's installation and operation of the facility permitted hereby,
<- including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions. This obligation
6 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
7
6. Developer shall submit to Planning Department a reproducible 24" x 36" mylar copy of
the Tentative Map reflecting the conditions approved by the final decision-making body.
9
7. Prior to the issuance of a building permit, the Developer shall provide proof to the
10 Director from the Carlsbad Unified School Districts that this project has satisfied its
obligation to provide school facilities.
12 8. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 18 Local Facilities Management Plan and any amendments made to
13 that Plan prior to the issuance of building permits.
14 9. Building permits will not be issued for this project unless the local agency providing
.<- water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
16 time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy. A note to this effect
17 shall be placed on the Final Map.
18 10. Developer shall establish an owner's association and corresponding covenants,
19 conditions, and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved
by the Planning Director prior to final map approval. The CC&Rs shall adequately
20 address maintenance of all common landscape areas, employee eating areas, and
paved access and parking areas. Prior to recordation of the final map, the Developer
shall provide the Planning Department with a draft copy of the CC&Rs. The approved
22 CC&Rs shall be recorded concurrently with the final map. At a minimum, the
CC&Rs shall contain the following provisions:
23
a. General Enforcement by the City. The City shall have the right, but not the
24 obligation, to enforce those Protective Covenants set forth in this Declaration in favor
of, or in which the City has an interest.
26 b. Notice and Amendment. A copy of any proposed amendment shall be provided to the
City in advance. If the proposed amendment affects the City, City shall have the right
27 to disapprove. A copy of the final approved amendment shall be transmitted to City
within 30 days for the official record.28
PC RESO NO. 6204 -5-
c. Failure of Association to Maintain Common Area Lots and Easements. In the event
2 that the Association fails to maintain the "Common Area Lots and/or the
Association's Easements" as provided in Article , Section the
3 City shall have the right, but not the duty, to perform the necessary maintenance. If
the City elects to perform such maintenance, the City shall give written notice to the
4 Association, with a copy thereof to the Owners in the Project, setting forth with
t- particularity the maintenance which the City finds to be required and requesting the
same be carried out by the Association within a period of thirty (30) days from the
6 giving of such notice. In the event that the Association fails to carry out such
maintenance of the Common Area Lots and/or Association's Easements within the
7 period specified by the City's notice, the City shall be entitled to cause such work to
be completed and shall be entitled to reimbursement with respect thereto from the
Owners as provided herein.
9
d. Special Assessments Levied by the City. In the event the City has performed the
10 necessary maintenance to either Common Area Lots and/or Association's Easements,
the City shall submit a written invoice to the Association for all costs incurred by the
City to perform such maintenance of the Common Area Lots and or Association's
j2 Easements. The City shall provide a copy of such invoice to each Owner in the
Project, together with a statement that if the Association fails to pay such invoice in
13 full within the time specified, the City will pursue collection against the Owners in
the Project pursuant to the provisions of this Section. Said invoice shall be due and
14 payable by the Association within twenty (20) days of receipt by the Association. If
the Association shall fail to pay such invoice in full within the period specified,
payment shall be deemed delinquent and shall be subject to a late charge in an amount
16 equal to six percent (6%) of the amount of the invoice. Thereafter the City may
pursue collection from the Association by means of any remedies available at law or
17 in equity. Without limiting the generality of the foregoing, in addition to all other
rights and remedies available to the City, the City may levy a special assessment
1 ° against the Owners of each Lot in the Project for an equal prorata share of the invoice,
i o plus the late charge. Such special assessment shall constitute a charge on the land and
shall be a continuing lien upon each Lot against which the special assessment is
20 levied. Each Owner in the Project hereby vests the City with the right and power to
levy such special assessment, to impose a lien upon their respective Lot and to bring
21 all legal actions and/or to pursue lien foreclosure procedures against any Owner and
his/her respective Lot for purposes of collecting such special assessment in
accordance with the procedures set forth in Article of this Declaration.
23
e. Landscape Maintenance Responsibilities. The HO As and individual lot or unit owner
24 landscape maintenance responsibilities shall be as set forth in Exhibits "I" and "J" of
PIP 05-18.25
26 f The location and size of all employee eating areas, parking areas, and
landscaped areas within the project as shown on Exhibit "A" of CT 06-10, shall
27 not be altered, reduced, fenced, or divided to preclude the equal use by all
owners/employees of the site.
28
PC RESO NO. 6204 • -6-
11. This approval is granted subject to the approval of PUD 06-09 and is subject to all
2 conditions contained in Planning Commission Resolution No. 6205 for that other
approval incorporated herein by reference.
3
12. Developer shall submit to the City a Notice of Restriction to be filed in the office of the
County Recorder, subject to the satisfaction of the Planning Director, notifying all
r interested parties and successors in interest that the City of Carlsbad has issued a
Tentative Tract Map and Nonresidential Planned Development Permit by
6 Resolutions No. 6204 and 6205 on the property. Said Notice of Restriction shall note the
property description, location of the file containing complete project details and all
conditions of approval, as well as any conditions or restrictions specified for inclusion in
the Notice of Restriction. The Planning Director has the authority to execute and record
an amendment to the notice which modifies or terminates said notice upon a showing of
9 good cause by the Developer or successor in interest.
10 13. Prior to recordation of the Final Map, a joint use parking agreement shall be
submitted for review and approval by the Planning Director, the City Engineer, and
the City Attorney. The agreement shall provide for the following:
12 A. The sharing in perpetuity of all parking and access aisles/driveways onsite,
and between all the uses proposed for this project.
13 B. The agreement shall not be modified without the prior written approval of
the Planning Director, the City Engineer, and the City Attorney.
C. A copy of the joint use parking agreement shall be recorded in the Office of
the County Recorder and copies filed with the Planning Director prior to
recordation of a Final Map for the project.
16 14. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high
17 masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal
Code Chapter 21.105. Location of said receptacles shall be approved by the Planning
Director. Enclosure shall be of similar colors and/or materials to the project to the
satisfaction of the Planning Director.
20 15. No outdoor storage of materials shall occur onsite unless required by the Fire Chief.
When so required, the Developer shall submit and obtain approval of the Fire Chief and
21 the Planning Director of an Outdoor Storage Plan, and thereafter comply with the
approved plan.22
23 16. All lighting shall be designed to reflect downward and avoid any impacts on adjacent
homes or property.
24
17. Tenant improvements for this project are only permitted if the parking provided
complies with City ordinance parking requirements (CMC Chapter 21.44) for the
mix of uses proposed (office/manufacturing/warehouse). This condition shall be
included in the Notice of Restriction in Condition 12 of this permit approval letter.
27
28
PC RESO NO. 6204 -7-
Engineering:
2
General
3
18. Project shall comply with all conditions of PIP 05-18, which are incorporated by
reference.
19. Developer shall provide to the City Engineer an acceptable means, CC&Rs, and/or other
recorded document, for maintaining the private easements within the subdivision and all
the private improvements: streets, sidewalks, street lights, and storm drain facilities
7 located therein and to distribute the costs of such maintenance in an equitable manner
among the owners of the properties within the subdivision.8
20. There shall be one Final Map recorded for this project.
10 21. Developer shall cause Owner to waive direct access rights on the Final Map for all lots
abutting Lionshead Avenue except for approved locations.
Final Map Notes
13 22. Developer shall show on Final Map the net developable acres for each parcel.
14 23. Notes to the following effects shall be placed on the map as non-mapping data:
A. All improvements are privately owned and are to be privately maintained with the
exception of the following:
17 1. Public water main, fire hydrants, and appurtenances.
2. Public sewer mains and access holes.
18
, g B. Building permits will not be issued for development of the subject property unless
the appropriate agency determines that sewer and water facilities are available.
20 Sewer
21
24. The Developer shall design and construct public sewer facilities within public right-of-
way or within minimum 20-foot-wide easements granted to the City of Carlsbad. At the
23 discretion of the District Engineer, wider easements may be required for adequate
maintenance, access, and/or joint utility purposes.
24
25. The Developer shall design and construct public sewer facilities substantially as shown
25 on the Tentative Map to the satisfaction of the District Engineer. Proposed public
facilities shall be reflected on public improvement plans.26
27 26. This project is approved upon the express condition that building permits will not be
issued for the development of the subject property, unless the District Engineer has
28 determined that adequate water and sewer facilities are available at the time of
occupancy. A note to this effect shall be placed on the Final Map, as non-mapping data.
PC RESO NO. 6204 -8-
27. Prior to final map approval, the buildings with proposed multiple ownership units
2 shall be replumbed to provide separate water service, water meters, and sewer
laterals for each separate ownership to the satisfaction of the City Engineer.
3
28. Developer shall execute and record a City standard Water Quality Facilities
4 Maintenance Agreement prior to the approval of final map.
29. Developer shall cause property owner to apply for and obtain reapportionment of
6 the assessments imposed on the subject project in accordance with law governing
the associated Faraday/Melrose Assessment District, or the assessments must be
7 paid in full. Developer shall pay all associated costs of said reapportionment. The
application shall be submitted to the City Engineer with the application for the final
map.
9
Code Reminders
10
The project is subject to all applicable provisions of local ordinances, including but not limited to
* * the following:
12 30. The tentative map shall expire twenty-four (24) months from the date this tentative map
13 approval becomes final.
14 31. Developer shall exercise special care during the construction phase of this project to
prevent offsite siltation. Planting and erosion control shall be provided in accordance
with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
16 of the City Engineer.
17 32. Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
1 ° permit issuance, except as otherwise specifically provided herein.
19 33. The project shall comply with the latest nonresidential disabled access requirements
20 pursuant to Title 24 of the State Building Code.
21 34. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
23 35. Any signs proposed for this development shall at a minimum be designed in conformance
with the City's Sign Ordinance and shall require review and approval of the Planning
24 Director prior to installation of such signs.
TC 36. Developer shall pay park-in-lieu fees to the City, prior to the approval of the building
2/r permit as required by Chapter 20.44 of the Carlsbad Municipal Code.
27
28
PC RESO NO. 6204 -9-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
You have 90 days from date of approval to protest imposition of these fees/exactions. If you
protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading, or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 6th day of December, 2006, by the
following vote, to wit:
AYES:Chairperson Montgomery, Commissioners Baker, Dominguez,
Heineman, Segall, and Whitton
NOES:
ABSENT: Commissioner Cardosa
ABSTAIN:
MARTELL B. MONTCOMER^hairperson
CARLSBAD PLANNING COMMISSION
PEST:
DON NEU
Assistant Planning Director
PC RESO NO. 6204 -10-